THE Law Association of Zambia says it will take legal action against the defiant ministers and their deputies to ensure they pay back the money they illegally acquired when they continued their stay in office after their mandate had expired before the 2016 elections.
After the 30-day ultimatum which they were given by the Constitutional Court to repay K4.2 million to the treasury expired, 43 out of the 64 former PF ministers asked the court to allow them to pay back the money in monthly instalments.
They claimed that they were unable to pay their debts in a lump sum due to financial challenges.
However, LAZ in a statement issued by honorary secretary Sokwani Chilembo said it would ensure the ministers honour the court judgment.
“LAZ has established that out of the 64 former ministers, a total of 43 have made an application to the Constitutional Court seeking an order to pay the assessed amounts of money in instalments. This application is yet to be heard and determined by the court,” said Chilembo. “LAZ is making efforts to determine which of the remaining 18 former ministers have made direct payments to the treasury and which ones have elected to ignore the ruling of the court altogether. Once this information is in hand, LAZ will proceed to take all legal steps necessary to ensure that the ruling handed down by the Constitutional Court is respected by all the former ministers.”
And former LAZ president Eddie Mwitwa in an interview said the former ministers by publicly declaring that they would not pay are liable for contempt of court.
He said the former ministers were undermining the rule of law as they were part of the National Assembly that came up with the Constitutional Court and they proposed the laws that were drafted to regulate issues in Court.
“It is incumbent upon them to lead by example and obeying court because not doing so will not auger well with other citizens who may be faced with similar consequences when they go to court,” Mwitwa said.
He urged Zambians to condemn such utterances and conduct by the former ministers.
“Depending on the court that the matter is in for example, there are provisions in the High Court rules that talk about anybody who has an adverse judgment against them which concerns money going back to court to apply to pay in instalments. I am not sure whether those provisions exist in the provisions of the Constitutional Court rules. The Court will have to determine such,” Mwitwa said. “Even courts that permit payment of judgment sums in instalments give conditions on certain things which you have to prove. You have to demonstrate your level of income, other obligations you have that may impact negatively on your ability to pay the amount at once or within the time frame stipulated in the judgment.”
Meanwhile, Zitukule executive director Nicholas Phiri has blamed the citizenry for their docility as they do not take national issues seriously.
“From the word go the ministers that illegally drew allowances were not willing and are not committed to paying back the money neither are they willing to respect the courts of competent jurisdiction,” Phiri said. “Some ministers including Given Lubinda are on record saying ‘I don’t have money, am not going to pay’ and yet these are the same ministers you see flashing money around but when it comes to public money they are not willing to pay.”
He said the ministers cannot argue that they are unable to pay and set conditions on how they would repay to the national treasury when they were not entitled to the said money.
“This thing indicates how much the culture of stealing and impunity has gone in our leaders. This whole issue of applying to pay in instalments, they are just trying to buy time because we only have five months before the general elections and they might not be in office after August 12 this year and the status quo will come back to what it is,” Phiri said.
He charged that the leadership of the country was rotten to the core and part of the problem was the citizenry for being accomplices to corruption and the ministers not paying back as they have celebrated thieves.
“Thieves have been cheered on, people who rose from rags and were wallowing in absolute poverty today are stinking rich and we are celebrating them without asking them where they got that money,” Phiri said. “So we have become part of the problem and they are not afraid of the citizens. We have given a job to the President, to the ministers and everyone appointed in government. We the citizens are the bosses and they are coming to you the boss and saying this money I stole from you illegally I can pay it in instalments. What kind of impunity is that?”
He noted that the ministers had the courage to say they would not pay back because they knew the citizens were ineffective and cannot do anything.
“My appeal to the people of Zambia is that when you are looking at issues of national guidance put aside tribalism and Zambia first. And when you go to vote these are the issues you must remember. Don’t get leaders that will become bullies against you when they get into power,” Phiri urged.
He suggested that the best way to deal with the ministers was to deduct the money from their earnings for those who are still serving and cite those who are retired for contempt of court.